O R D E R

This petition has been filed seeking a direction, to modify the condition by removing Clause 1 of the orders passed by learned Judicial Magistrate No.I, Nagapattinam imposed in Crl.M.P.No.2593 of 2021 on 17.06.2021 in Crime No.2 of 2020 on the file of the Inspector of Police, District Crime Branch, Nagapattinam District.

2. The petitioner, who is A2 in this case, has filed this petition seeking modification of the condition of removing Clause 1 in the statutory bail order dated 17.06.2021 passed by the Judicial Magistrate No.I, Nagapattinam in Crl.M.P.No.2593 of 2021 in Crime No.2 of 2020. The petitioner was arrested and remanded in the case on 12.02.2021 for the offence under Sections 408, 409, 465, 467, 468, 471, 477A and 120B of IPCb. The petitioner was a Cashier-in-charge in the State Bank of India, Thirukuvalai Branch, Nagapattinam District for the period from 2017 to January 2020, A1 is the Branch Manager and A3 is another Cashier-in-charge. They together misappropriated the funds of the Bank by forging false documents, opening false accounts to get the crop insurance, stealing the crop insurance amount by using fake vouchers and misappropriated the loan amount by using the KYC documents submitted by the customers. Thus, they caused loss to the Bank and general public to the tune of Rs.1,86,00,000/-. The petitioner has used his ID for the misappropriation of Rs.42,72,557/-.

3. The petitioner earlier moved bail before this Court in Crl.O.P.No.6758 of 2021 and this Court granted bail to the petitioner on 16.04.2021 and one of the condition was that the petitioner has to deposit a sum of Rs.30 lakhs. Though that conditional order was passed based on the voluntary submission made by the petitioner to show his bonafide, he could not comply with the said condition. Hence, the petitioner had moved a modification petition in Crl.M.P.No.5391 of 2020 and this Court by the order dated 29.04.2021, dismissed the same. Since the petitioner is unable to execute the said condition, he continued to be in confinement. Finally, the petitioner was granted bail under Section 167 of Cr.P.C. by the Judicial Magistrate No.I, Nagapattinam and imposed the same condition to deposit a sum of Rs.30 lakhs, probably following the earlier order passed by this Court. However, the petitioner is now also not in a position to deposit such amount and he continues to be in incarceration. He further submitted that though the bail was granted on 17.06.2021, he is still in incarceration, which shows that the condition is a onerous one. Solvency certificate of the petitioner was issued issued by the Tahsildar in Mu.Mu.1214/2020/A1 dated 03.03.2020.

4. The learned Counsel for Government of Tamil Nadu (Crl.Side)

has submitted that in this case, the petitioner moved a bail application before this Court in Crl.M.P.No.6758 of 2021 and this Court considering the cheating, misappropriation committed by the petitioner along with the other accused and the nature of the offence, was not inclined to grant bail. At that time, the petitioner to show his bonafide had offered to make deposit a sum of Rs.30 lakhs for getting bail. Thereafter, he filed a modification petition to modify the condition to deposit a sum of Rs.30 lakhs and this Court had dismissed the same. Now, the petitioner has been granted statutory bail, but he is not willing to deposit the sum of Rs.30 lakhs. The said condition of depositing Rs.30 Lakhs is for the purpose of safeguarding the interest of public and bank's money, which were misappropriated and swindled by the petitioner and other accused.

5. In reply, the learned counsel petitioner has submitted that the only requirement for granting statutory bail is that whether the investigation is completed and charge sheet is filed, within a stipulated period. In support of his contention, he relied upon the judgment of the Hon'ble Apex Court in Saravanan Vs. State rep.by its Inspector of Police, reported in (2020) 9 SCC 101, wherein it has been held